| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 137 |
| Hearing date | 16 Oct 2014 |
| Determination date | 22 December 2014 |
| Member | G J Wood |
| Representation | B Keirsey ; G Mills |
| Location | Wellington |
| Parties | Keirsey v Betty White Ltd |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Whether applicant employed by respondent - UNJUSTIFIED DISMISSAL - Poor Performance - Applicant claimed unjustifiably dismissed by respondent - Work trial - Demi chef |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicant's employment agreement (EA") between applicant and respondent. Applicant's wages paid by related company ("A") for bulk of employment but no EA ever offered to applicant by A. Applicant's employment could not be transferred to A without applicant's consent. Applicant employed by respondent.;UNJUSTIFIED DISMISSAL: Applicant's unpaid work trial constituted prior employment and meant respondent could not rely on trial period provision in applicant's EA. Applicant dismissed without notice and without any concerns being raised by respondent. Applicant not paid notice. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $8,320 reimbursement of lost wages. $1,500 compensation appropriate." |
| Result | Applications granted ; Reimbursement of lost wages ($8,320) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67A;ERA s103A |
| Cases Cited | Salad Bowl Ltd v Howe-Thornley [2013] ERNZ 326;Smith v Stokes Valley Pharmacy (2009) Ltd [2010] ERNZ 253 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Wellington_137.pdf [pdf 159 KB] |